FAQs on Lasting Powers of Attorney
In the vast majority of cases, you need BOTH types of LPA – the Property and Financial Affairs one, and the Health and Welfare one.
Put bluntly, the finance one enables your attorneys to pay your Care Fees, the Health and Welfare one enables your attorneys to say you don’t need to go into care, or if you do, it shouldn’t be a nice cheap one in Rwanda (which I am sure is a lovely place.)
My fees are £197 for one, £299 for two and £547 for four for a couple. Business LPAs may cost more, but not necessarily. ENQUIRIES or call Steve on 01323 766 766. I am Companion of the Society of Will Writers with 25+ years of experience serving the public and the Society.
Q: How do I make a Lasting Power of Attorney (LPA)?
To make an LPA, you need to complete the official forms, choose who you trust as your attorneys, and have everything signed and witnessed in the right order. The forms then have to be registered with the Office of the Public Guardian before they can be used. You can try to do this yourself, but the subtle benefits which make them so much more useful may be lost, the rules are fiddly and mistakes are common. Getting professional help is usually far more economical than having to redo forms or face problems later when the LPA is actually needed.
It sounds easy, and once you have read the 66 page Guide, you then have well over 40 pages of forms to complete. You would be surprised how easy it is to make a mistake (rejection) and how little the guide will tell you – but I am happy to email you a copy if you like.
But if you use my service, you will thoroughly consider the aspects that I have found can cause issues over my 25+ years dealing with various types of PoA. Well drafted LPAs can provide far better protection than many would realise.
A single mistake — such as a missing signature or incorrect witness or date — can invalidate the whole document. Using a professional ensures your LPAs are set up correctly, clearly worded, and fully compliant.
Q: What is the most important thing about LPAs?
Ensuring they are registered – unregistered, they are useless in an emergency, and could be rejected by the Office of the Public Guardian at the end of their 3 month registration process. Then it may be too late to redo them, so the Court of Protection takes over at significantly greater cost – tremendously greater cost if a professional is appointed as deputy.
Q: Can I make a Lasting Power of Attorney online?
Yes and No – the Government website provides online forms but they still need to be printed, signed and posted at present.. However, it’s easy to trip up with the details, such as how attorneys can act, what restrictions to include, and how signing must be done. Many people find professional guidance is worth it, especially at my modest fees, as one small mistake can cause months of delay. My role is to keep things simple, correct, and stress-free. As a matter of interest, I check every completed application FOUR times!
Q: Why should I make a Lasting Power of Attorney?
An LPA ensures that if you lose the ability to make decisions yourself, the people you choose will step in smoothly. Without one, your family may face a stressful and expensive Court of Protection application, where a judge decides who manages your affairs. By putting LPAs in place now, you stay in control of who acts for you and you save your family a lot of time, money, and worry. That can happen at 18 (the youngest you can make an LPA) or 88 through accident, stroke, Alzheimers etc etc.
Q: Do I need a solicitor to make an LPA?
No – and many are not experts, whereas I have been working with Powers of Attorney for over 25 years. You can do it yourself. But LPAs are important legal documents and even a small error can mean the OPG rejects the application or, worse, the document doesn’t work when it’s most needed. Professional help is usually very affordable compared to the risks of getting it wrong, and it gives you peace of mind that everything has been done properly.
However, solicitors are usually generalists, and even if they are not, they have enormous overheads. As a Professional Will Writer, I specialise, and have done for more than 25 years. It is not uncommon for a solicitors fee for a single LPA to be more than I charge for four.
Q: Who can make a Lasting Power of Attorney?
Anyone over 18 who has mental capacity can make an LPA. It’s not just for the elderly – accidents or illness can affect anyone. The sooner you set one up, the more secure you are.
Q: What age can you make a Lasting Power of Attorney?
From 18 years old. It’s never too early to plan ahead – many people like the reassurance of knowing that, should anything happen, their chosen attorneys can step in straight away. Once you are 18, your Next of Kin for making decisions is The Court of Protection – not your parents, partner or children, unless you have made and registered Lasting Powers of Attorney.
Q: What does ‘capacity to make a Lasting Power of Attorney’ mean?
It means you must be able to understand what an LPA is, what powers it gives your attorneys, and the consequences of making one. A professional will check this with you and confirm that you are making your LPA freely, which adds an extra layer of protection.
Q: Can someone with dementia make a Lasting Power of Attorney?
Yes, potentially – but only if they still understand what they are signing. If dementia has progressed too far, it may be too late and the family will have to apply to the Court of Protection at substantial cost and probably still not have control over welfare matters, which the Court often keeps for itself. That’s why it’s best not to leave LPAs until health becomes an issue – sorting them early is always safer and cheaper.
Q: When should I make a Lasting Power of Attorney?
The simple answer is: as soon as possible. LPAs can only be made while you have mental capacity, so if you delay and your health changes, or have a stroke or accident, it could be too late. Having them in place early costs no more and ensures everything is ready if it’s ever needed. They are the ideal present for an 18th birthday – if somewhat dull! Bear in mind that they MUST be registered by the Office of the Public Guardian before they can be used and that typically takes 3 months,
Q: How do I register a Lasting Power of Attorney?
Once the forms are signed, they need to be sent to the Office of the Public Guardian with the registration fee. Registration currently takes around 12 weeks, so it’s best to get the ball rolling early. My professional help makes sure the paperwork is correct first time, so you’re not left waiting longer than necessary.
Can I change or cancel and LPA once it is registered?
- NO and YES
- NO – if you (or anyone else) writes on a registered Lasting Power of Attorney, you will almost certainly INVALIDATE IT, so you may have to start from scratch.
Yes. As long as you still have mental capacity, you can cancel or update your LPA at any time. For example, you can replace an attorney who’s moved away or fallen ill. If your circumstances change, it’s a good idea to review your LPAs regularly — just as you would a Will. But it is a new LPA in most cases.
Q: Do LPAs expire or need renewing?
NO BUT: Once made and registered, an LPA lasts as long as you or the attorneys do, unless you cancel (revoke) it or your attorneys can no longer act. However, banks and care providers may prefer recent documents.
Q: Is it ever too early to make your LPAs?
Once you reach 18, the Court of Protection will manage your affairs if things go wrong, so the ideal 18th birthday present is a pair of LPAs to sign and post off, then be very careful for 3 months or so until they are registered. LPAs can only be made while you have the mental capacity to create them, so the best time to make one is while you’re fit and well is NOW. Think of it like insurance — you hope you’ll never need it, but if you do, it’s already there and ready to protect you.
It’s worth reviewing LPAs every few years to make sure they still reflect your wishes, and that the attorneys are still suitable and remain likely to outlast you whilst still being able to look after your affairs. Obviously, you need to ensure your attorneys stay close so they continue to understand your wishes and interpret them correctly.
Q: Why do I need Lasting Powers of Attorney AND a Will?
A Will only takes effect after death. LPAs protect you while you’re still alive — for example, if you were to lose mental capacity through illness, accident, or age. Without LPAs, no one (not even your spouse or children) can legally manage your finances or make care decisions without a costly and time-consuming Court of Protection order.
Feel free to ask questions. You don’t need to give your name, and if you do, I won’t include it on the page. The only required field is your question, but be aware any links will cause the spam program to delete your question! Have a look at the Will FAQs and the Lasting Power of Attorney FAQs in case your question has already been answered.
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Q: My lawyer told me I only need the Property and Financial Affairs LPA
Oh dear, I have heard this advice given from time to time. I can only assume that such lawyers do not understand the power of the Health and Welfare LPA.
- If you are happy for the Courts (at your expense) to decide where you live, who you see, what you eat, whether your religious or other concerns are ignored, then maybe you don’t need one. I feel so strongly that they are essential that I only charge a modest amount for the second LPA.
When should I get my Lasting Powers of Attorney?
Once you reach 18, your parents have no legal right to make finance or welfare decisions for you, should you be unable to, the Court of Protection takes over their rights – even if you get married.
So, in an ideal world, you would set up your LPAs on your 18th birthday, and review them as life changes.
Q: Can I get a discount on Registration Fees?
Can I get help with the registration fees?
Yes. The OPG offers a 50% fee reduction if your income is under £12,000 a year, and a full exemption if you receive certain means-tested benefits. I’ll check whether you qualify and handle the paperwork for you. Most firms don’t bother as it takes too much of their time and can delay things.
If the donor receives any of the following means-tested benefits when an application to register is made, they can apply for an exemption, or their attorney can do so on their behalf:
• Income Support
• Income-based Employment and Support Allowance
• Income-based Jobseeker’s Allowance
• Guarantee Credit element of State Pension Credit
• Housing Benefit
• Council Tax Reduction/Support – also known by other names (not the 25% single person discount or the Class U exemption)
• Local Housing Allowance
• A combination of Working Tax Credit and at least one of:– Child Tax Credit– Disability Element of Working Tax Credit– Severe Disability Element of Working Tax Credit.
NOT included: Disability Living Allowance, Invalidity Benefit, Personal Independence Payment